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Patna High Court

Sudhir Paswan @ Birju Kumar @ Birju PaswanversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that bail should be granted in the present case.

Summary

Sudhir Paswan was arrested in a complaint alleging dowry demand and cruelty under sections 82 and 85 of the Bihar Negotiable Act and section 4 of the Domestic Violence Protection Act. He contended that he had not committed any offence, had no prior criminal record, and was prepared to settle the matrimonial dispute through mediation. The State opposed his request for regular bail. The Patna High Court, after hearing both sides, noted the petitioner’s lack of antecedents, his willingness to mediate, and the fact that he had been in judicial custody since 12 March 2026. Consequently, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties and directed the trial court to refer the matter to mediation. The order aims to facilitate settlement while ensuring the petitioner’s liberty pending trial.

Issues considered

  • Whether regular bail should be granted to the accused in a dowry harassment and cruelty case under sections 82, 85 of BNS and section 4 of the D.P. Act.

Legislation cited

Subjects

  • dowry harassment
  • cruelty
  • regular bail
  • mediation
  • domestic violence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40255 of 2026
                   Arising Out of PS. Case No.-32 Year-2025 Thana- COMPLAINT CASE - PATNA CITY
                                                      District- Patna
                 ======================================================
                 Sudhir Paswan @ Birju Kumar @ Birju Paswan S/O Chandip Paswan @
                 Chandradeep Paswan R/o Mohalla- Peeramdariya Khanjahan, P.S.-
                 Malsalami, District- Patna

                                                                              ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.    Sima Devi W/O Sudhir Paswan, D/O Sheikh Paswan R/O Hardas
                 Bigha(Govindpur), PS-Khusrupur, Distt-Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Hari Mohan Tripathi, Advocate
                 For the Opposite Party/s :     Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-06-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for regular bail in a case

                   registered for the offence punishable under sections 82 and 85

                   of BNS and Section 4 of D.P. Act.

                                3. The case of the prosecution is that the marriage of

                   the petitioner was solemnized with the complainant on

                   11.07.2015. It is alleged that at that time, sufficient gifts were

                   given to him despite that, he demanded dowry and subjected her

                   to cruelty on account of non-fulfillment of dowry demand.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Learned
Patna High Court CR. MISC. No.40255 of 2026(2) dt.23-06-2026
                                            2/3




          counsel for the petitioner has submitted that though it is alleged

          that the petitioner has solemnized other marriage but he denies

          the same and has submitted that he has not solemnized other

          marriage. They are having three kids out of the wedlock and two

          of the kids live with the petitioner and one of them lives with

          the complainant. Petitioner is ready to keep his wife but she is

          not ready to accompany him. On being asked by the Court as to

          why don’t they settle this matrimonial dispute. Learned counsel

          has submitted that that they will try to settle their issue before

          Mediation Committee in learned trial court itself. Moreover, the

          petitioner is languishing in judicial custody since 12.03.2026

          having no criminal antecedent.

                       5. Learned APP appearing for the State has

          vehemently opposed the prayer of regular bail.

                       6. Having heard learned counsel for the parties and

          considering the facts and circumstances of the case, this court is

          inclined to enlarge the petitioner on bail. The above named

          petitioner is directed to be released on bail in connection with

          Complaint Case No. 32 of 2025 on furnishing bail bond of

          Rs.10,000/- (ten thousand) with two sureties of the like amount

          each to the satisfaction of learned S.D.J.M., Patna City with a

          condition that the learned trial court shall send this case to
            Patna High Court CR. MISC. No.40255 of 2026(2) dt.23-06-2026
                                                        3/3




                      the Mediation and the parties shall make every endeavour to

                      settle the dispute.



                                            (Ashok Kumar Pandey, J)
Shubham/-

U     T


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